1. What will happen if the plaintiff's attorney does not appear in court?
According to the provisions of the Civil Procedure Law, if the plaintiff's attorney does not appear in court, it can be regarded as that the plaintiff does not appear in court, and the court where the plaintiff does not appear in court can be regarded as withdrawing the lawsuit.
People's Republic of China (PRC) Civil Procedure Law
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 145 Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether to grant it or not shall be decided by the people's court.
The people's court has ruled that the withdrawal of the lawsuit is not allowed, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned, the judgment may be made by default.
Second, the legal status of default judgment in civil litigation.
1, Article 129 of the Civil Procedure Law stipulates: "If the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
"In this case, the people's court can only make a judgment on the counterclaim, and shall not make a judgment in default together with the counterclaim. Because of this part of the lawsuit, the court should dismiss the lawsuit, but after the defendant filed a counterclaim, the plaintiff of this lawsuit became the defendant of the counterclaim. Therefore, for the defendant's failure to appear in court, the court can make a default judgment according to law.
2. Article 130 of the Civil Procedure Law stipulates: "If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default."
3. the Supreme People's Court's provisions on the application of Article 158 of the Civil Procedure Law of People's Republic of China (PRC): "If the legal representative of a person without civil capacity refuses to appear in court without justifiable reasons after being summoned, if he is the plaintiff, he may be dismissed according to the provisions of Article 129 of the Civil Procedure Law; If it is a defendant, it can be judged by default according to the provisions of Article 130 of the Civil Procedure Law. "
4. The third person who has no independent claim refuses to appear in court without justifiable reasons after being summoned by the people's court, or withdraws from court without the permission of the court.
5. Article 13 1 of the Civil Procedure Law stipulates: "If the people's court decides not to withdraw the lawsuit, if the plaintiff refuses to appear in court after being summoned, he may make a judgment by default."
6. In a loan dispute case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court may, after accepting the case, announce the service and summon the debtor to respond.
After the expiration of the announcement, if the debtor still fails to respond to the lawsuit and the loan relationship is clear, a judgment by default may be made after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, the judgment may be made by default.
If the plaintiff's attorney does not appear in court, the case may be dismissed, and if the defendant does not appear in court, the judgment may be made by default. Default judgment includes that the plaintiff refused to appear in court without justifiable reasons after being summoned by a summons, and withdrew from court halfway with the permission of the court, and the third party without independent claim refused to appear in court without justifiable reasons after being summoned by the people's court.